Tuesday, September 28, 2010

10 Reasons to Buy a Home
Time magazine is being overly pessimistic in its recent cover piece that called into question the benefits of homeownership. In fact, now is a great time to buy. And what's more, tomorrow will be a great time to own, because the fundamental strength of homeownership hasn't changed. Why is now a great time to buy? Here are 10 reasons:

1. You can get a good deal. Prices are down 30 percent on average. They're at a level that makes sense for people's income.

2. Mortgages are cheap. At 4.3 percent on average for a 30-year fixed-rate mortgage, your costs to own are down by a fifth from two years ago.

3. You can save on taxes. When you add up the deductions for mortgage interest and others, the cost of owning can drop below renting for a comparable place.

4. It'll be yours. The one benefit to owning that never changes is that you can paint your walls orange if you want (generally speaking; there might be some community restrictions). How many landlords will let you do that?

5. You can get a better home. In some markets, it's simply the case that the nicest places are for-sale homes and condos.

6. It offers some inflation protection. Historically, appreciation over time outpaces inflation.

7. It's risk capital. If the economy picks up, you stand to benefit from that, even if you're goal is just to have a nice place to live.

8. It's forced savings. A part of your payment each month goes to equity.

9. There is a lot to choose from. There are some 4 million homes available today, about a year's supply. Now's the time to find something you like and get it.

10. Sooner or later the market will clear. The U.S. is expected to grow by another 100 million people in 40 years. They have to live somewhere. Demand will eventually outpace supply.

Source: Wall Street Journal, Brett Arends (9/16/10)

Saturday, September 25, 2010

Aaaaargh! This subject is rearing its ugly head again, the mythical 3.8% sales tax on all real estate sales. I'm re-posting the letter to the Verde Independent regarding this issue and my response to it.
8/7/2010 1:29:00 PMLetter: This bill is set to hurt the retiring generation
Editor:Under the new health care bill - did you know that all real estate transactions will be subject to a 3.8 percent sales tax? The bulk of these new taxes don’t kick in until 2013 (presumably after Obama’s re-election). You can thank Nancy, Harry and Barack and your local Democrat Congressman for this one. If you sell your $400,000 home, there will be a $15,200 tax. This bill is set to hurt the retiring generation who often downsize their homes. Is this Hope & Change great or what? Does this stuff make your November and 2012 vote more important?Oh, you weren’t aware this was in the Obamacare bill? Guess what, you aren’t alone. There are more than a few members of Congress that aren’t aware of it either (result of Clandestine midnight voting for huge bills they’ve never read). AND, there are a few other surprises lurking.

Lavone Turnipseed, Camp Verde

8/10/2010 10:57:00 AMLetter: This tired old rumor simply is not true.

Editor: I am compelled to respond to Lavone Turnipseed’s letter to the editor of Sunday, Aug. 8, entitled “This bill is set to hurt the retiring generation.”

Lavone repeats the tired old rumor that “under the new health care bill all real estate transactions will be subject to a 3.8-percent sales tax.” Happily, this is simply not true.

Can I give you some hard facts? The facts are that, yes, certain sales by high-income households will be affected by the new Medicare tax, possibly 1.5 percent of US households. (Not 1.5 percent of the US population - I said households.)

This tax applies only to people with an Adjusted Gross Income (AGI) of $200,000 for a single person or $250,000 for a couple.

The tax only kicks in after you take your capital gains exemption.

How about an example?

A couple with an AGI above the $250,000 limit sells their primary residence for $2 million. They make a $750,000 profit. Capital gains laws protect $500,000 of that $750,000, assuming that they have lived there for two out of the past five years. The 3.8-percent tax applies only to the $250,000 left over. Their tax liability under this new Medicare tax is $9,500. With all of the problems facing America right now, I’m not going to have a lot of heartburn over the fact that somebody in those income brackets profited $750,000 and had to give Medicare $9,500 of it.

Mr. Turnipseed, please don’t be embarrassed that you were fooled. Somebody made this up and then published it, and then somebody else repeated it and it has spread like wildfire throughout certain circles.

To read the Health Care bill, go to
http://www.huffingtonpost.com/2009/07/15/house-health-care-bill-fu_n_234372.html

To verify my research, go to
http://www.factcheck.org/2010/04/a-38-percent-sales-tax-on-your-home/

Or,
http://www.snopes.com/politics/taxes/realestate.asp

Or,
http://www.realtor.org/small_business_health_coverage.nsf/docfiles/government_affairs_myth_busters.pdf/$FILE/government_affairs_myth_busters.pdf
Carol Anne Warren
President, Sedona Verde Valley Association of REALTORS®

Thursday, September 2, 2010

real estate scams

Let’s talk about real estate scams. As homeowners get more broke and desperate the shysters get more innovative. Why do we, the REALTORS® need to know about the schemes out there?

· A bad guy’s preferred method of getting at our people is with our introduction. Yikes!
· When one of our clients gets in the middle of a situation that they have questions about we hope that their first move would be to call us for advice. Our first response has to be to advise them to call their lawyer. They’ll ask “Why?” and then we can explain what it was that raised up the hairs on the back of our necks.

Scam #1: This one ran rampant through our area a few years ago, with a particularly offensive twist. (I’ll tell you about the twist in a minute.) A guy combs through the foreclosure notices in the paper and then contacts the homeowners, telling them everything that they want to hear. This “rescuer” promises to save their homes and their credit. All that they have to do is quit-claim the property to him, because that will confuse the lender and delay the foreclosure. Of course, since it’s still really their house they should send him the payments and he will forward them onto the lender. Sometimes the “Rescuer” takes out a second mortgage on the house, sometimes he rents it out and sends the Sheriff to evict the former homeowners, sometimes he flips it if there’s enough equity. No matter what he does he makes out like a bandit and the homeowners end up with tears in their eyes, credit shot, and no home.
What happened here was even worse – the “Rescuer” was a REALTOR®. (He’s a former REALTOR® now.) He didn’t have to comb through foreclosure notices – he just searched MLS. He billed himself The Savior of The Distressed Homeowner and contacted the list agents and persuaded them that he was there to help. (Bring me your tired, your broke, your in foreclosure clients….) This was a while back, so at the time we didn’t have a lot of clues about how to help distressed clients – this “Rescuer” seemed to be Heaven sent since he had a plan and some answers. The list agents introduced him to their clients and gave him a 50% referral on their listing. He took up-front fees for part of his services, and placed liens on the properties for the rest of his fees and then he sat back and did absolutely nothing. He didn’t negotiate with the lenders, he didn’t return the increasingly frantic phone calls from the agents and clients, he just collected his referral fees and his lien payments if the property sold and said “Oh, well!” if the property foreclosed.
Our REALTOR® community talks to each other, so we figured out what was happening PDQ and somebody called their attorney and somebody else called the Attorney General’s Office and the “Rescuer” got stopped, but he did some damage in the meantime.

Scam #2: An unscrupulous lender advertises (usually on the internet in those annoying little pop-up boxes) that distressed homeowners can re-finance out of their money problems. If they still look good on paper he can get them a re-fi with all of the up-front costs rolled into the loan, plus a little cash in their pockets, plus a month or so with no payment. Since drowning people will grasp at any straw these lenders get lots of takers. People in financial trouble ended up with a new mortgage on their house that carried a payment higher than the one they couldn’t make in the first place and they started defaulting left and right. That was OK with these lenders – hey, they got their origination fee, right? This is why we should always recommend that our people use a local lender that we know from experience is honest and reputable.

Scam #3: A person (one of the pieces of this scam is that they have to use an overseas bank) contacts the list agent on a property. He explains that he saw the property on the internet and absolutely loves it and wants to buy it, cash, quick close. He refuses to use a title company – either he had bad luck with them or he pretends not to understand the concept, but he will use whatever attorney the agent recommends. He also doesn’t understand the concept of earnest money – he wants to offer a huge amount of earnest, if not the entire purchase price right now. (Nice hook, huh?) The agent ZipForms him the contract and he mails it back with this huge earnest money check (drawn on a foreign bank) to give to the lawyer to deposit.
Immediately something horrible happens in his life and he regretfully must withdraw from the contract, as is his right since he’s still in his inspection period. The attorney must wire him his earnest money right this minute!
The attorney does wire him the money back. A few days later the attorney finds out that the earnest money check that the buyer sent has bounced higher than a frog on a hot street. He has now wired funds (that are as good as gold) out of the country to cover a check that isn’t worth the paper it was written on. Oops!
A cute variation of this scam is that the deal is all agreed on and the earnest money is sent two or three or four times, separately. Then the buyer calls and says that his company made a mistake – wire the excess back to him immediately, please and thank you.
The secret to this one working is that the funds have to be wired back before we find out that the check(s) is no good, which is why an overseas bank is necessary. They want an attorney because title companies have systems and ways for verifying funds that they hope an attorney doesn’t.
Thanks to Joanne Holiday of Russ Lyon for the “heads up!” on this one.

Scam #4: A buyer looks at a property. He loves it, he wants it, he’s prepared to pay full price in cash. (Starting to sound familiar?) There’s only one tiny glitch: he has to close the escrow on his property in Florida to get the funds for this one. There’s only one tinier glitch: this property in Florida needs one final thing (survey, elevation study, skunk removal…..) that costs $75,000. There’s always a good story as to why he doesn’t have that $75,000. He proposes some creative financing: if the seller will front him the $75,000 he will be able to close the escrow in Florida and buy their property. Of course, when Florida closes they will be paid off, plus interest, plus the sale. They will get a first mortgage against this multi-million dollar property to secure their trust.
You go online to the Ogalalacoochee County records and see that yes, this buyer does own 20 acres there. You go on realtor.com and find a REALTOR® there and call him and find out that that 20 acres is a toxic waste dump that even the gators won’t go near. If you had gone along with this scheme the buyer would have been in the wind with the $75,000 and the seller would have eventually owned that worthless 20 acres.

Scam # 5: A person goes onto the internet and grabs some pictures of an expensive property. Then they go to Craig’s List (or wherever) and post the property for rent. They ask for a ridiculously reasonable monthly rent, plus first and last and cleaning, or whatever is legal in that state. A prospective tenant sends them the money, they execute a lease, and the tenant shows up at the house all ready to move in only to find that the actual owner of the property has never heard of the person that the tenant was dealing with.
This one has also happened with sales, but it’s a little trickier. The trick here is that (again) the seller refuses to use a title company.

Scam #6: Home repair, radon, snakes, mold remediation, ghost removal, siding, methane gas, bugs……..the list goes on and on. A guy knocks on the homeowner’s door, telling them about this great service that he’s offering. Either the price is incredible or he scares them with the horrible things that will happen to them and their family if they continue to live in this contaminated house, or both. This awesome deal is only available this second, and only if they pay at least half up front. The homeowner writes a check and the guy takes it straight to the bank and then leaves town, never to be seen again.
It seems obvious how to protect yourself from this one, doesn’t it? But, even if the homeowner insisted on the time that it takes to check out the guy with the Registrar of Contractors, often the real contractor whose name has been used has never heard of the guy. Same with the Better Business Bureau – it’s easy to get cards and invoices and truck magtnetics printed up with a contractor’s name on them.
Very simply, a good contractor will give them a bid that’s good for at least 30 days, and reputable contractors don’t tend to go knocking door-to-door trying to scare people.

Scam # 7: The buyer sees the property and loves it and wants it and is prepared to pay full price, cash. (Here we go again!) He goes to the seller and explains that he has a certain amount of cash, but the rest of the purchase price is in Euros or yen or peanut butter or gold and the exchange rate is killing him. He proposes to the seller that they make a deal at the amount of cash that he has in pocket and then he’ll give the seller the Euros or whatever under the table.
The seller likes this plan because he only has to pay commission and title fees and maybe taxes on the disclosed amount. Escrow closes, the seller signs the docs and the buyer hands over the goods. The seller goes to the bank or the money exchange or the gold merchant only to find that his goods are counterfeit and the buyer now owns the house for the disclosed amount.

Scam # 8: A former client informs their REALTOR® that they’ve discovered a disclosure issue with the property that they bought through that agent. If the REALTOR® will write a check to “make it good” then the former client won’t file a complaint with ADRE or AAR and won’t file a lawsuit. Give me a break!

As professionals, we can see the red flags in each of these scams. The scary thing is that my Mother-in-law might fall for any one of them. She lives in a kind and gentle world where people don’t do things like this to each other. Her world view is the reason that the elderly are these bastards’ favorite prey.

What are the red flags? The insistence on money up front, on nothing but pretty assurances. Urgency - action must be taken NOW. A deal that’s too good to be true. The feeling that maybe the good guys are finally going to get a break. A proposition that even in a perfect world would be too perfect. Unverifiable funds. The promise that everything will be OK – all they have to do is write one little check.

As a final chuckle, this came at the bottom of a scam email. This sort of tag line would also be a red flag.

PRIVATE: This is Not A Public Communication!This private email message, and any attachment(s) is covered by theElectronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is forthe sole use of the intended recipient and contains privileged and/orconfidential information! To all public servants, including but not limitedto Federal, State, or Local corporate government(s): I accept your oath ofoffice as your firm and binding contract between you and me, one of thePeople, whereby you have promised to serve, protect, and defend me,guarantee all of my unalienable rights, and defend the Constitution for theunited States of America! Any/all political, private, or public entities,International, Federal, State, or Local corporate government(s), privateInternational Organization(s), Municipality(ies), Corporate agent(s),informant(s), investigator(s) et. al., and/or third party(ies) working incollusion by monitoring My (this email) email(s), and any other means ofcommunication without My express written permission are barred from anyreview, use, disclosure, or distribution! With explicit reservation of allMy rights, without prejudice and without recourse to any of My rights! Anyomission does not constitute a waiver of any and/or all intellectualproperty rights or reserved rights! Notice to Principal is Notice to Agent! Notice to Agent is Notice to Principal!

Yep – that sure stopped me from forwarding it to the Attorney General’s Office.